20070606final_order_no_30338.pdf

Office of the Secretary
Service Date
June 6, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND MCIMETRO CASE NO. QWE-06-
ACCESS TRANSMISSION SERVICES, INc.
FOR APPROVAL OF AN AMENDMENT TO
AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~
252( e)
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION CASE NO. USW-OO-
AND IONEX COMMUNICATIONS NORTH
INC. FOR APPROVAL OF AN AMENDMENT
TO AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e).
IN THE MATTER OF THE APPLICATION OF
CENTURYTEL OF THE GEM STATE, INc.CASE NO. CGS-07-
FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT WITH
LEVEL 3 COMMUNICATIONS, LLC
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE JOINT
APPLICATION OF VERIZON NORTHWEST CASE NO. VZN-02-
INC. AND ONEEIGHTY NETWORKS, INc.
FOR APPROVAL OF AN AMENDMENT TO
AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~
252( e).
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND AT&T CASE NO. QWE-04-
COMMUNICATIONS OF THE MOUNTAIN
STATES, INc. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING ORDER NO. 30338
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
In these cases the Commission is asked to approve amendments to existing and
previously approved interconnection agreements as well as a new interconnection agreement.
With this Order the Commission approves the agreements.
ORDER NO. 30338
BACKGROUND
Under the provIsIons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 US.C. 9
252(e)(1). The Commission may reject an agreement adopted by negotiations only if it finds that
the agreement: (1) discriminates against a telecommunications carrier not a party to the
agreement; or (2) implementation of the agreement is not consistent with the public interest
convenience and necessity. 47 U.C. 9 252(e)(2)(A). As the Commission noted in Order No.
28427, companies voluntarily entering into interconnection agreements "may negotiate terms
prices and conditions that do not comply with either the FCC rules or with the provision of
Section 251(b) or (c)." Order No. 28427 at 11 (emphasis in original). This comports witb. the
FCC's statement that "a state commission shall have authority to approve an interconnection
agreement adopted by negotiation even if the terms of the agreement do not comply with the
requirements of (Part 51)." 47 C.R. 951.3.
THE CURRENT APPLICATIONS
1. Qwest Corporation and MCImetro Access Transmission Services LLC (Case No.
QWE-06-24)This Application seeks approval of the "TRO-TRRO" Amendment to the
previously approved agreement of the parties. This Amendment implements the decisions of the
Triennial Review Order (TRO) and Triennial Review Remand Order (TRRO) of the Federal
Communications Commission (FCC). The Idaho Commission has previously approved this
Amendment to other Qwest Agreements.
2. Qwest Corporation and Ionex Communications North. Inc. (Case No. USW-OO-
10). This Application seeks approval of the "TRO- TRRO" Amendment to the Agreement
between U S WEST (now Qwest) and Ionex Communications North, Inc. (fka Advanced
Communications Group and Firstel Inc.
3. CenturyTel of the Gem State and Level 3 Communications (Case No. CGS-07-
01). This Application seeks approval of an Agreement between the parties that would provide
for interconnection and traffic exchange between them. CentruryTel indicates that the
Agreement was reached through voluntary negotiations and that it has made the same terms and
conditions available to other carriers.
4. Verizon and OneEightv Networks. Inc. (Case No. VZN-02-06)This
Application seeks approval of two Amendments to the previously approved Agreement. Both
ORDER NO. 30338
Amendments implement elements of the decisions of the FCC's TRO and TRRO Orders.
Amendment No. I changes the availability of certain Unbundled Network Elements (UNEs) and
Amendment No.2 deals with the provision of facilities in situations in which Verizon has
overbuilt an existing copper network with fiber facilities.
5. Qwest Corporation and AT&T Communications of the Mountain States (Case No.
QWE-04-09). This Application seeks approval of an Amendment to an existing Agreement.
The Amendment corrects errors to the rates in the Power Reduction section that were
inadvertently included in the original Agreement.
STAFF RECOMMENDATION
The Staff has reviewed the Applications and does not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that these
Agreements are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act.
Commission approval of the Agreements.
Accordingly, Staff recommended
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.C. 9252(e)(1). The Commission s review is
limited, however. The Commission may reject an agreement adopted by negotiation only if it
finds that the agreement discriminates against a telecommunications carrier not a party to the
agreement or implementation of the agreement is not consistent with the public interest
convenience and necessity. Id. Based upon our review of the Applications and the Staffs
recommendation, the Commission finds that the Agreements are consistent with the public
interest, convenience and necessity and do not discriminate. Therefore, the Commission finds
that the Agreements should be approved. However, approval of these Agreements does not
negate the responsibility of either of the parties to these Agreements to obtain a Certificate of
Public Convenience and Necessity if they are offering local exchange services or to comply with
Idaho Code 99 62-604 and 62-606 if they are providing other non-basic local
telecommunications services as defined by Idaho Code 9 62-603.
ORDER NO. 30338
ORDER
IT IS HEREBY ORDERED that the amended interconnection agreement of Qwest
Corporation and MCImetro Access Transmission Services LLC , Case No. QWE-06-, is
approved.
IT IS FURTHER ORDERED that the amended interconnection agreement of Qwest
Corporation and Ionex Communications North, Inc., Case No. USW - T -00-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement of CenturyTel of
the Gem State and Level 3 Communications, Case No. CGS-07-, is approved.
IT IS FURTHER ORDERED that the amended interconnection agreement of
Verizon and OneEighty Networks , Inc., Case No. VZN-02-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement of Qwest
Corporation and AT&T Communications of the Mountain States, Case No. QWE-04-, is
approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 99 61-
626 and 62-619.
ORDER NO. 30338
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this fA.
day of June 2007.
ATTEST:
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Barbara Barrows
Assistant Commission Secretary
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MARSHA H. SMITH, COMMISSIONER
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MACK A. REDFORD MMISSIONER
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ORDER NO. 30338